Appeals court upholds ‘cold case’ murder conviction

Prosecutors hopeful that similar pending cases will see same result

In late March the 2nd District Appellate Court upheld the murder conviction of Michael Luciano, who was found guilty in February 2008 of the1989 shooting death of William Arce in Aurora.

Arce's murder was the oldest "cold case" generated by a multi-agency task force that in 2007 charged more than 30 reputed Aurora street-gang members in more than 20 unsolved homicides.

Kane County State's Attorney John Barsanti said Tuesday that the decision affirming Luciano's conviction bodes well for the other cold cases on appeal because the appellate court held that the testimony of former gang members who implicated Luciano was enough to sustain a conviction.

"It's a very important opinion because (the appeals court) got to the heart of it: Can you believe these guys?" Barsanti said.

The cases that have proceeded to trial have shared a common theme. The prosecution has relied primarily on the testimony of former gang members, testifying against their former associates in return for reduced sentences on other crimes.

At Michael Luciano's trial, former members said Luciano's father, reputed former Aurora Latin King leader Angel "Doc" Luciano, ordered Michael, who was 16, to shoot the 20-year-old Arce, a fellow gang member who had reportedly angered the elder Luciano.

Of the 38 total charges brought in the cold case sting, 24 have had been concluded. There have been 17 convictions either through trial or guilty plea, seven acquittals and seven cases where charges have been dismissed.

Six of the acquittals were handed down at bench trials, and those not-guilty verdicts, too, often had a common theme: The judges noted that the testimony of former gang members, without other supporting evidence, was not enough proof to garner a conviction.

"I made the decision to go ahead with just a cooperating witness, and I think that (another) prosecutor could disagree" with that strategy, Barsanti said of those cases. "But if you're only going to charge the cases you're certain you're going to win, then we would charge a lot less cases."

In December 2007, Angel Luciano was convicted of murder in Arce's death. The appeals court upheld his conviction in January. The Lucianos were both given 38-year prison sentences in Arce's death. Michael Luciano, now 37, was later convicted in a second "cold case" homicide and is serving a life sentence.